Indian Act (R.S.C., 1985, c. I-5)

Act current to 2014-09-01 and last amended on 2013-04-01. Previous Versions

SPECIAL RESERVES

Marginal note:Reserves not vested in the Crown

 Where lands have been set apart for the use and benefit of a band and legal title thereto is not vested in Her Majesty, this Act applies as though the lands were a reserve within the meaning of this Act.

  • R.S., c. I-6, s. 36.

SURRENDERS AND DESIGNATIONS

Marginal note:Sales
  •  (1) Lands in a reserve shall not be sold nor title to them conveyed until they have been absolutely surrendered to Her Majesty pursuant to subsection 38(1) by the band for whose use and benefit in common the reserve was set apart.

  • Marginal note:Other transactions

    (2) Except where this Act otherwise provides, lands in a reserve shall not be leased nor an interest in them granted until they have been designated under subsection 38(2) by the band for whose use and benefit in common the reserve was set apart.

  • R.S., 1985, c. I-5, s. 37;
  • R.S., 1985, c. 17 (4th Supp.), s. 2;
  • 2012, c. 31, s. 206.
Marginal note:Surrender to Her Majesty
  •  (1) A band may absolutely surrender to Her Majesty, conditionally or unconditionally, all of the rights and interests of the band and its members in all or part of a reserve.

  • Marginal note:Designation

    (2) A band may, conditionally or unconditionally, designate, by way of a surrender to Her Majesty that is not absolute, any right or interest of the band and its members in all or part of a reserve, for the purpose of its being leased or a right or interest therein being granted.

  • R.S., 1985, c. I-5, s. 38;
  • R.S., 1985, c. 17 (4th Supp.), s. 2.
Marginal note:Conditions — surrender
  •  (1) An absolute surrender is void unless

    • (a) it is made to Her Majesty;

    • (b) it is assented to by a majority of the electors of the band

      • (i) at a general meeting of the band called by the council of the band,

      • (ii) at a special meeting of the band called by the Minister for the purpose of considering a proposed absolute surrender, or

      • (iii) by a referendum as provided in the regulations; and

    • (c) it is accepted by the Governor in Council.

  • Marginal note:Minister may call meeting or referendum

    (2) If a majority of the electors of a band did not vote at a meeting or referendum called under subsection (1), the Minister may, if the proposed absolute surrender was assented to by a majority of the electors who did vote, call another meeting by giving 30 days’ notice of that other meeting or another referendum as provided in the regulations.

  • Marginal note:Assent of band

    (3) If a meeting or referendum is called under subsection (2) and the proposed absolute surrender is assented to at the meeting or referendum by a majority of the electors voting, the surrender is deemed, for the purposes of this section, to have been assented to by a majority of the electors of the band.

  • Marginal note:Secret ballot

    (4) The Minister may, at the request of the council of the band or whenever he considers it advisable, order that a vote at any meeting under this section shall be by secret ballot.

  • Marginal note:Officials required

    (5) Every meeting under this section shall be held in the presence of the superintendent or some other officer of the Department designated by the Minister.

  • R.S., 1985, c. I-5, s. 39;
  • R.S., 1985, c. 17 (4th Supp.), s. 3;
  • 2012, c. 31, s. 207.